[2005] KEHC 464 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since its filing in June 2001. The only significant activity was the grant of an injunction in December 2001, which was conditional upon the plaintiff depositing Ksh.500,000/= with the defendant within 14 days. The plaintiff failed...
Source-derived case information.
- Citation
- [2005] KEHC 464 (KLR)
- Parties
- Plaintiff: Johnson Maina Migwi; Defendant: Grace Wambui Mungai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1003 of 2001
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- JL Osiemo
- Legal Topics
- Dismissal for Want of Prosecution, Inordinate Delay, Injunction Lapse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Maina Migwi
Plaintiff
Grace Wambui Mungai
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for want of prosecution due to inordinate delay.
- 2 Whether the plaintiff complied with the conditions attached to the injunction granted.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since its filing in June 2001. The only significant activity was the grant of an injunction in December 2001, which was conditional upon the plaintiff depositing Ksh.500,000/= with the defendant within 14 days. The plaintiff failed to comply, resulting in the lapse of the injunction. No further action was taken for over three years. The court held that this constituted inordinate delay and justified dismissal of the suit for want of prosecution under Order XVI Rule 6 of the Civil Procedure Rules. The absence of any response from the plaintiff further supported the application. Accordingly, the suit was...
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is hereby dismissed for want of prosecution under Order XVI Rule 6 of the Civil Procedure Rules.
- Costs to the defendant.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 1003 of 2001
JOHNSON MAINA MIGWI……………..PLAINTIFF
VERSUS
GRACE WAMBUI MUNGAI………...DEFENDANT
RULING
The defendant brought this application under Order XVI Rule 5 (d) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act seeking orders that the plaintiff’s suit be dismissed for want of prosecution. The application is based on the ground that there has been inordinate delay by the plaintiff in the prosecution of this suit.
The plaintiff’s counsel was served on 17th February 2005 and acknowledged service. He has not filed replying affidavit. Since the suit was filed on 20th June 2001 under Certificate of Urgency, the plaintiff has never taken any steps to prosecute the suit. The plaintiff was granted an injunction on 19th December 2001 on condition that he deposits Ksh.500,000/= with the defendant within 14 days from the said date. The plaintiff did not meet the said condition and the injunction lapsed. It is now 3 years since the last activity ceased in court.
I allow the application to the extent that and order that the suit be and is hereby dismissed for want of prosecution under Order XVI Rule 6 of Civil Procedure Rules. Costs to the defendant.
Dated at Nairobi this 17th day of May 2005.
J.L.A. OSIEMO
JUDGE